Foreign Gaming Under the Microscope

Today we’re unpacking a development from the Nevada Gaming Control Board. On January 16th, 2026, the Board released Notice 2026‑04, an important update for anyone with online gaming products outside Nevada. 

And when we say “online gaming,” the Board defines it really broadly. We're talking real‑money gambling over the internet, plus all the systems, platforms, content, and software that power it. Basically, if money moves digitally in a gaming environment, you should assume this applies to you.

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• Industry Guidance for Online Gaming Products

About the authors

• Karl F. Rutledge
• Glenn Light
• Donghyun Lee 

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

With a focus on innovation, collaboration and client service. We are committed to delivering exceptional value to our clients and to the communities we serve. And now our latest episode.

Host 1:

Welcome back, everyone. Today we’re unpacking a development from the Nevada Gaming Control Board. On January 16th, 2026, the Board released Notice 2026‑04, an important update for anyone with online gaming products outside Nevada.

Host 2:

And when we say “online gaming,” the Board defines it really broadly. We're talking real‑money gambling over the internet, plus all the systems, platforms, content, and software that power it. Basically, if money moves digitally in a gaming environment, you should assume this applies to you.

Host 1:

Exactly. The Nevada Gaming Control Board says that the huge growth in global online gaming means Nevada licensees need clearer expectations around Foreign Gaming requirements.

Host 2:

And what's interesting is the scope. It hits B2C operators, B2B providers, and even aggregator models. Social gaming is off the hook, but anything with real money involved is definitely in play.

Host 1:

So let’s start with what licensees need to do right away. If you're offering online gaming outside Nevada today, the Board wants a complete list of all jurisdictions where your products are available.

Host 2:

And you only get sixty days from the notice posting date to deliver that list. After that, you have to update the Board quarterly with any newly approved jurisdictions.

Host 1:

It’s basically a shift from reactive reporting to structured, ongoing transparency. The Board wants to know not just where you're operating, but that you’re actively managing the compliance process.

Host 2:

Now the due‑diligence requirements might be the biggest operational change. Licensees have to evaluate the legality of online gaming in every jurisdiction where their products might be accessed, not just where they deliberately launch.

Host 1:

Right, and that applies across the board to things like direct consumer offerings, B2B partnerships, and aggregator distribution. If someone can play your product in a jurisdiction, you need to know the laws there.

Host 2:

And the Board expects all of that analysis to be documented. So it’s not enough to “feel confident” you’re compliant. You need evidence.

Host 1:

Let’s talk about partner reliance because that’s been a pain point in the industry. The Board is saying: you can rely on a partner’s jurisdictional analysis, but only with two big conditions.

Host 2:

First, the partner must give written assurances that they’ve complied with relevant laws. Second, your contract needs a termination clause in case regulatory concerns pop up.

Host 1:

In other words, Nevada wants licensees to stay in the driver’s seat. You can’t outsource the risk and walk away.

Host 2:

Now, this part raised a lot of eyebrows: the list of “presumptively prohibited” jurisdictions. These are countries that either ban online gaming outright or have taken enforcement actions.

Host 1:

The list includes Australia, China, Cuba, India, Indonesia, Iran, Russia, Saudi Arabia, Syria, and Thailand. And it’s non‑exhaustive, which means other jurisdictions could be flagged later.

Host 2:

If a licensee wants to operate in one of those places, they must conduct a full, comprehensive due‑diligence analysis and submit it to the Board. The burden is on the operator to prove it's lawful.

Host 1:

And then there’s the ongoing monitoring requirement. Licensees have to maintain an up‑to‑date register of all jurisdictions where their products are available.

Host 2:

Plus they must monitor real‑world access, meaning if someone in a prohibited jurisdiction can reach your product, you need mechanisms to catch that and remove access.

Host 1:

And don’t forget, all the standard Foreign Gaming reporting obligations still apply. This notice doesn’t replace those, it adds to them.

Host 2:

So to wrap it up, Nevada’s essentially saying: if you’re operating online gaming outside the state, you need visibility, documentation, and the ability to react quickly.

Host 1:

Exactly. This notice shifts online gaming compliance into an active, ongoing responsibility. And for global operators, it’s going to mean stronger controls and more frequent reporting.

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